Tax Collector Defies Attorney, Selectmen

Vows To Continue Reduced Friday Hours To Protest Budget Cut

September 28, 2004|By ROSELYN TANTRAPHOL; Courant Staff Writer

SOMERS — Tax Collector Edward J. Jekot Sr. says he plans on closing his office this Friday at 1 p.m., in defiance of the town attorney's opinion that the collector should follow the directive of the board of selectmen.

Arguing that some services will suffer in light of a funding cut by the town last year, Jekot has been closing his office at 1 p.m. on Fridays since July. Attorney Carl Landolina reviewed the town charter and state statutes and said in an opinion issued last week that because Jekot is a full-time employee, ``it would not be unreasonable to expect'' that the office be open when town hall is open.

Jekot, who could not be reached last week because he was out of town, said Monday that he does not plan on changing the routine this week and added that his part-time clerk is out on vacation this week.

``We're closing as always,'' he said of this coming Friday afternoon.

Jekot's long-standing argument has been that with a 22 percent reduction to his office for clerical support, the office could not maintain a 99 percent revenue-collection rate without any changes to services.

First Selectman David Pinney said that because the tax collector's position is an elected one, selectmen do not feel they can force Jekot to open the office during those hours. But Pinney said that he intends to change the clerk's hours.

Jekot said he will respond to Landolina's letter and added that he is prepared to sue the town over the matter. ``We're going to respond to the town attorney, but apparently this is going to go to litigation; I hope not,'' he said. ``We can't have them come in and run the tax office. That's against the law, too.''

Jekot, who was elected to the post in 1995, said that as a salaried employee, he typically works more than 40-hour weeks. Asked why he only brought this issue up this year, Jekot said, ``I've never complained. I just do it. I don't think of it, to be honest with you.'' But he said the situation now calls for him to take action.

There is another aspect of the hours showdown between Jekot and the town -- Jekot said that Monday morning, Pinney threatened to withhold $500 from Jekot's benefits.

Jekot does not use the town's health insurance, so he receives $2,000 a year from the town as a type of buyout benefit.

Pinney confirmed that he told Jekot this and said that the $500 withholding will be done in response to Jekot's long-standing refusal to submit timecards. ``The withdrawal of the discretionary benefits afforded to other employees was based on his unwillingness to cooperate with the procedures that we ask of other employees, and to which they do cooperate -- that's a separate issue,'' Pinney said.

The town attorney had been consulted before the action was taken. While the town cannot interfere with an employee's salary, benefits are another matter, Pinney said.

Jekot stopped submitting timecards in June 2003, according to the town treasurer. Jekot said Monday that he does not submit timecards in part because he feels there is no legal requirement to do so, and in part because the town does not have set guidelines for handling timecards.

``It's a big mess,'' Pinney said, ``and I really regret that we have to divert time for these affairs that have no significant basis for being problems at all.''